these are interesting conversations we're having because whether or not you're aware of it, this country is in the middle of figuring out its why. who we are, what we're about, and what it'll mean for all of us going forward. so let's keep the conversation going. thanks for watching me. it is now time for the big show, "don lemon tonight" and its big star, d lemon. >> so much on the line in washington. i mean, everything from if -- if the -- if we are going to default on our debts, meaning america. if america is going to default. if we are go get an infrastructure bill and when it come to vaccinations, i am interested in what you think about the nba players and them losing money. you know, millions and millions of dollars from -- from not being vaccinated. >> well, look. the -- the league has to make that move. i think they're afraid of their players, and they have the collective bargaining agreements to think about. they have already done it with their employees. so, you already have a logical inconsistency. so if you work with the players, you have to be vaccinated. but if you are the players, you

don't have to be vaccinated. that is about worrying about your contracts but, also, the contentment of your fans by alienating the talent. look. i think that mandates work and i think it's very sad that we need them because we shouldn't have had to have them. now, what is the cultural value of a lebron james? to me, personally, i know him. i interviewed him right before his first game. my kid loves him. i don't care what he thinks about most things, other than sports. that's me. this society does. and if he wants to talk about black lives matter and talk about very intricate racial and political things, and i am not saying he shouldn't, this should be a layup, pun intended. >> yeah. >> and the reason that it isn't, i think, he has to answer for. >> yeah, listen. you know, of course, people have their right and it's their choice and all of that. okay. fine. but these are unusual circumstances, and these are unusual times and you're right. if you are going to speak up -- um, people are going to say, well, you can't pick and choose what you can speak up about. well, yes, you can. >> you can. >> is it inconsistent?

absolutely, it is inconsistent. now, for lebron, lebron has said that he's done his research and he is fully vaccinated so good for him. >> i loved his answer. >> yeah. so, kareem abdul-jabbar, who's been on my show last night and the night before. i agree with him. if you don't want to get vaccinated, fire him. fire him. >> the league has to make that move, though. >> fire them. if you don't get vaccinated here, what happens? you can't come here. >> you got to think about the law on it and look. they are only these guys, and you don't know that if you go strong on the 10%, you don't have a few big shots say, well, i'm not playing either then. i don't need the money. i will sit out. you don't do that to us. you got to be careful because the fans want the players. they don't want to see the league win. >> look. the game is still going to be played. there is still going to be good players out there and you will set an example. you will set a marker and maybe people will -- auz you said, mandates work. if people start losing millions

of dollars, trust me, they'll do it. >> mandates work when people need the money. if the guy is worth as much as a small country and he decides he doesn't like what you are doing. >> if you got a high-burn rate -- i have got to go back and get that money. i got mouths to feed, and bills to pay. look, i am not making light of it. i don't want anybody to get fired but you got do what you have to do. again, you know, people will say, oh, i have my choice. i have this. people are dying. >> right. >> you have -- and it's only -- but it's 90% of the nba that's vaccinated. >> yes, it's a high rate. >> okay, so fine. so stop thinking about yourself because then you are putting those 90% people in jeopardy. you are putting the kids of those 90% in jeopardy. you are putting the loved ones, the wives, the girlfriends, the grand mothers, the people who are living with them. you are putting all of those people in jeopardy because of some misguided knowledge or misinformation, quite honestly, that you have about a vaccine or some misinformation that you have about the history of african-americans in this country for the black players about african-americans and what

happened with the tuskegee project. again, in the tus kegee project they were not injecting african-americans with harmful substances. they were giving them placebos which did nothing for them which didn't help the syphilis and they were giving other people with syphilis actual vaccination, penicillin and other things to cure them. and that's what the issue is. it's a complete reverse, an opposite of what was happening with the tuskegee project. so, this is something that's good. vaccines have been mandated. polio. i saw -- what's her name on the -- jenner -- >> caitlyn jenner. >> on "the view" the other day saying, well, i agree that it's -- you know, it's my body, my choice. and then, somebody with polio. that was mandated for certain groups of people. >> my body, my choice, as long as it's not women and reproductive rights. look. it is also symptomatic of us going out of our way to make our own problems.

the united airlines story is a ray of light. that them doing the right thing is actually increasing their recruiting to replace the workers who don't want to do it. but you look what's happening in washington. you know, you have the democrats. they are making their own problems. we're going out of our way to do it in this society right now. >> well, democrats, yes. but you also have two republicans in the democratic party who are making problems for the democrats. and that's manchin and sinema. >> that's your opinion. >> no, that they -- i mean, they are republicans. come on. >> no, that's your opinion. they are both democrats. they are both democrats. there is a d after their name. >> that's the fact. >> yeah. okay. all right. >> don't let it get in the way of your opinion. i don't want you to be burdened by that. i'm sorry. shouldn't have even brought it up. >> i see them as republicans, maybe you're right. i see them as republicans. there are acting as republicans. all right. but listen. >> and i see you as cheap but i love you, d lemon, make your witness. there is a lot of big news. >> you are the best. i will see you soon.

this is "don lemon tonight." we have some breaking news on the investigation of the violent attack on the capitol, and that is jurn 6th i am talking about. the select committee has promised a steady drum beat of subpoenas, and they dropped nearly a dozen tonight. targeting people involved in the planning and organization of the so-called stop the steal rally right before the riot at the capitol. so, 11 people affiliated with the organization that held the permit for the rally, women for america first, subpoenaed tonight. the committee looking at what coordination the group might have had with the white house. >> well, i -- and donald trump would certainly invite us to believe that it was some kind of spontaneous eruption of hugs and kisses towards the officers. that's pretty divorced from reality. um, there was obviously a lot of coordination and planning that took place. and we are going to reconstruct it. >> lot more to come on this, tonight. and we have got some breaking news on capitol hill to tell you about. we are just hours away from a

promised vote on the bipartisan infrastructure bill even though progressive democrats say they won't vote for it without a deal on the massive spending bill. a deal that is being held up by joe manchin and kyrsten sinema. president joe biden's agenda, the promises he made to the american people, the agenda that got him elected hanging by a thread. and remember, this is all about placating members of his own party. manchin digging in his heels tonight with a statement saying that he won't support the spending bill, and calling it fiscal insanity. and that's got progressive -- progressives steamed. >> i can tell you that his statement has just probably created at least a bunch more votes on the house floor against a bipartisan bill. >> so do you fear that now joe biden's going to end up with nothing? >> he actually called it insanity which is the president's agenda that he is calling insane. so i am not going to comment any more on that statement. i don't think it deserves it. >> so what do manchin and sinema really want? what do they want? what's their end game? progressives are at the point where they are -- they are going on tv and they are begging them to say what they want.

>> our two senate democrats who have done a good job of articulating what they're against have, so far, kept it a secret as to what they're for. >> if someone won't show you their cards, you don't know what you're doing. and that's the real problem. we need manchinema to do their jobs. >> one senator, kyrsten sinema, is holding up the will of the entire democratic party. the president keeps begging her, tell us what you want. >> so really, what do you want? why won't they say? so did that senator lay out in detail exactly where she stands and what she wants? nope. kyrsten sinema, who's met with white house officials four times in two days, is just stonewalling her own party. >> what do you say to progressives that are frustrated that they don't know where you are? >> in the senate. >> that's why i said what i said to chris. this is an issue democrats are supposed to be working on together.

instead, two senators holding their own party hostage. all this as congress has to act before midnight tomorrow to avert a government shutdown. chuck schumer says that he's got an agreement with republicans for a stopgap funding bill and they'll vote on that in the morning. and no pressure, but they have also got until october 18th to suspend the debt ceiling so the u.s. can pay its bills. the house voted to do just that tonight. but the bill is all but certain to fail in the senate. and let's remember what's at stake here. if congress doesn't act to raise the debt ceiling, social-security payments get hit. the stock market tanks, plummets. mortgage rates rise. and we could lose millions of jobs -- millions of jobs. all of that and the gop is willing to take the country to the brink to score political points. let's remember, mitch mcconnell is refusing to vote for some -- something that he has voted on

for 32 times in the past. that's according to "the washington post." and there were more fireworks on capitol hill today, as the nation's top generals faced republicans' trolling and grandstanding on afghanistan. yes, that's what it was. liz cheney calling out the members of her own party for their attacks on the chairman of the joint chiefs. >> general milley, on -- on january 6th, we had a violent attack on our capitol. you found yourself, in your constitutionally prescribed role, standing in the breach. and for any member of this committee, for any american to question your loyalty to our nation, to question your understanding of our constitution, your loyalty to our constitution, your recognition and understanding of the civilian chain of command is despicable. i want to apologize for those members of this committee who've done so, and i want to thank you for standing in the breach when so many, including many in this

room, failed to do so. >> but liz cheney is in the minority in her own party. and i have said it before. they -- they used to be the party of lincoln. how far they have fallen? not too many of them are -- are just putting on a -- now, too many of them are just putting on a big, ole show. grandstanding. they are trolling. anything to get an atta boy from the base. matt gaetz who is on the record saying that there was never a bad day to end the war in afghanistan putting on a -- you have to watch this. a really disgraceful performance. here it is. >> you seem to be very happy failing up over there. but if we didn't have a president that was so addled, you all would be fired because that is what you deserve. you have let down the people who wear the uniform in my district and all around this country, and you're far more interested in what your perception is and how people think about you and insider washington books than you care about winning which

this group hasn't been capable of doing. >> do i -- do i really have to tell you what's going on here? do i? okay. i probably have to tell you. here it is. i don't but i will. okay. so, what is happening here is that the louder he yells, the clearer it is that it is nothing but an over-the-top deflection from his own problems. investigation into whether matt gaetz allegedly broke federal sex trafficking, prostitution, and public corruption laws and whether he allegedly had sex with a minor who was 17 at the time. gaetz has not been charged, and he denies any wrongdoing but this whole thing is right out of the former president's playbook. deflect and distract. give the base something to cheer about, and take the heat off of yourself at the same time. and then, there is -- remember him -- ronny jackson. the disgraced-former white house doctor who according to a pentagon watchdog made sexual comments, drank alcohol, and

took ambien while working as the white house physician. the white house physician. that ronny jackson. he is demanding that the chairman of the joint chiefs resign. >> general milley, will you now resign? >> i serve at the pleasure of the president, mr. jackson. >> we've made the same face. i have the same face as general milley. ha-ha. really? and then, there is ted-cancun cruz tweeting support today for nba players who are unvaccinated or declining to say whether they have been vaccinated. see that hashtag? your body, your choice. really? ted cruz, your body, your choice? that's what you believe? really? tell that to the women in your home state with the most restrictive abortion ban in the country. your body, your choice?

come on, bro. tell that to the women in texas who could be forced to bear the child of her rapist. tell her about your body, your choice. that stance that you have. what you, apparently, only believe in for professional athletes. men, who don't want to roll up their sleeves for vaccines that could save their lives and the lives of their teammates and their families. really? your body, your choice. the hypocrisy is stunning. i wonder if he was part of the whole shut up and dribble crowd. he's friends with those people. friendly. on that network all the time. the shut up and dribble folks. dribble. and now, he's like i stand with them, your body, your choice. god. that's where we are tonight. battling misinformation and lies

and hypocrisy. misinformation on the virus that is killing us. hypocrisy that's killing us. lies that are killing our democracy, just as surely as the virus. and those lies fueled the assault on the seat of our democracy on january 6th. now, the select committee investigating the riot is subpoenaing the organizers of the stop the steal rally that preceded it. and they want to know what coordination the group might have had with the white house. >> the vast majority of the people do want to know the truth. the vast majority of congress wants to know what happened. and we're going to get the information. and if there are people who think that they can somehow hide from this, they're badly mistaken. since suzie's got goals, she'll want a plan to reach them. so she'll get some help from fidelity, and she'll feel so good about her plan, she can focus on living it. that's the planning effect, from fidelity. go with simparica trio it's triple protection made simple!

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former-fbi deputy director, andrew mccabe. he is also author of "the threat: how the fbi protects america in the age of terror and trump." gentlemen, good evening, good to see both of you. jeffrey toobin, the -- the first batch of these subpoenas was for -- was for people inside the white house. this new one is for outside who -- people who might have been planning or were planning the stop the steal rally. what does that tell us about where this investigation is heading? >> well, the investigation is asking the right question. who planned this attack on our democracy? who authorized it? and who knew it was gonna happen before the attack on the capitol began? these are all very good questions, and they are unanswered to this point. the problem is will this committee be able to get these answers? and i think one of the things that the trump forces have learned is that it's easy to run out the clock on congressional

investigations, and that is likely to be the strategy here. >> andrew, i want you to listen. this is congressman jamie raskin, what he said to cnn's ryan nobles about these new subpoenas. here it is. >> do you think it's possible that you're going to find that there was more coordination there than we know about? or that it was just one of these things where there was a bunch of people that came together, and got a little bit out of control? is that part of what you are trying to figure out? >> well, i -- donald trump would certainly invite us to believe that it was some kind of spontaneous eruption of hugs and kisses towards the officers. that's pretty divorced from reality. um, there was, obviously, a lot of coordination and planning that took place. and we are going to reconstruct it the best that we can. >> so, they want to show that it was a coordinated attack. but what kind of evidence, andrew, would indicate that people intended to storm the capitol and may have even had help in doing it? >> well, don, i think what jeff said is exactly right. what the committee's doing is starting at the beginning.

so they are looking, first, at those people who organized the rally. and particularly, what interactions or communications they may have had with the white house. i think it's, also, important to note that the subpoenas first, of course, call for the production of documents. so before these folks come in and are interviewed behind closed doors, the committee will already have seen their e-mails, their communications with the white house, their communications with each other. and so, they'll begin to develop a sense of whether or not these folks were aware of or planning any sort of move to the capitol. whether they were aware of the possibility of violence. whether they discussed any of these topics with the president. so, there is a lot of ground to be plowed here starting right at the beginning. >> you know, andrew, one of the new -- go ahead, jeffrey. go on. >> i -- i just -- you know, that -- that -- that is exactly the -- the right questions for investigators to ask. but think of this. what happens if all 11 of the people subpoenaed today, they go

to their lawyers. they say what should i do? and the lawyers say, you know what you should do? you should plead the fifth. just not answer questions. say invoke your right against self-incrimination. what does congress do then? well, they could try to give them immunity but that's a long process. and this is the problem that this committee faces. the -- the -- um -- refusal to answer questions from the key witnesses, whether it's the first four witnesses citing executive privilege which would then have to go through the courts. or this group taking the fifth. it's just very hard to get people to answer questions in this kind of investigation. >> yeah do you want to respond to that, andrew? >> yeah, that's absolutely right that could happen. but there are costs to doing that. so any individual witness is going to think twice about cloaking themselves in the fifth amendment which they certainly have the right to do. but -- but it comes with the creating the impression that you have something to hide. you are guilty of something, and you are -- you are afraid of

exposing that guilt to congress. so, there are costs to doing those things. i agree with you, jeff, they are going to do everything they can to drag this out as long as they can. but they're going to have to play some serious hardball to pull it off. >> yeah. one of the -- the new subpoenas is against amy kremer. she was one of the loudest voices in encouraging lawmakers to object to certifying the 2020 election results. she put out all kinds of election conspiracies. how central is she to this investigation, andrew? >> well, i think she's -- she's incredibly central to it. right? so the question is she and the other org -- organizers of this rally really set off the events that ultimately culminated with the attack on the capitol. so the question is did they -- was that their intention? did they take efforts in furtherance of that plan? was it something they even were aware of? or did they discuss the possibility of violence? so there is really a lot to be uncovered here. as jeff says, if we can get the witnesses to sit down with congress and actually share what

they know. >> jeffrey, what other evidence will -- go ahead -- go ahead, jeffrey. >> well, i -- i'm sorry. go ahead, don. >> no, that's all right. go on. go on. >> well, no, but i -- but you were going to say what other evidence? >> right. i'm wondering what -- what other evidence will the committee be looking for -- looking into in terms of these groups -- the -- the activities that day and the days leading up to january 6th? and i think you were going there. >> and that's exactly where i was going. and one area where i do think they might -- they might have success in gathering evidence is going to the phone companies, going to the internet companies and saying, let me see the text messages. let me see the -- um -- the e-mails among all these people. you know, most people are not as cautious as they should be in what they send in texts and e-mails. and i think that's the -- probably the most promising outlet for this investigation because i think the -- the -- the verizons of the world, the -- the facebooks of the

world, they will cooperate with congress. and those text messages and -- and e-mails and, you know, other sorts of communications, electronically, those will be available to congress. and i think that's going to be the most promising outlet that they'll have. >> all right. thank you, jeffrey. thank you, andrew. i appreciate you helping us out on this breaking news. so, he was george w. bush's chief strategist. and now, he is running for office as a democrat. matthew dowd is here. he's next. mission control, we are go for launch. um, she's eating the rocket. ♪ lunchables! built to be eaten. - [narrator] as you get ready for what's next, custom gear from custom ink can help make the most of these moments. we've developed new tools to make it easy for you. custom ink has hundreds of products to help you feel connected. upload your logo or start your design today

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a former republican and george w. bush aide is running for a top job in texas as a democrat. and you may know him from this show. matthew dowd announced his run for lieutenant governor in a video today, and he is taking on texas republicans and the current lieutenant governor. watch. >> the gop politicians have failed us, especially the cruel and craven lieutenant governor. dan patrick has been lying and deceiving, fracturing the bonds we share, and endangering all our lives. he does not believe in the common good. he seeks only to represent himself and the 5% of the state that goes along with all this. he puts his me over our we.

>> so, joining me now is matthew dowd. matthew, thank you for joining us. big announcement today. you running -- >> my pleasure, don. >> -- as a democrat for texas l lieutenant governor. you are running against the party you dedicated years of your life to, because you see the gop as a threat to democracy now. so, what's at stake not just in texas but the whole country you think? >> well, what's at stake -- thank you for having me, don -- what's at stake, um, is our very foundation of our democracy. and actually, the lives of -- of millions and millions of citizens in texas but across the nation. and it's not a choice anymore between two sort of equal-political parties that have different ideological beliefs. it's a choice between team democracy, which is the democratic party that still believes in majority rule. and team autocracy, which is the republican party that believes in tyranny of the minority. and every single decision they

do, whether it's they don't believe in science, they don't think telling the truth is an important value anymore, they don't think protecting the common good in communities is an important value anymore, and there's only one party that believes in those things. and that's the choice americans have to make. it's the choice i have made in this, and that's why i'm running especially against somebody like dan patrick who basically runs the state senate here like a dictator. and has done everything in his power to hurt the majority of texans. so, that's -- that's the choice today. >> look. we talk about these things all the time. and i want to continue to -- to discuss him because you and i have talked many times about your concerns about the gop and race. earlier-this month, the current lieutenant govern, dan patrick, that you were just talking about went on the fox-propaganda network. promoted the racist great replacement theory. how did that play into your decision? or did it play into your decision to run? >> yes, it did. i mean, over the course of the last, i would say, nine months after -- in the aftermath of january 6th which was a big part

of, like, what can i do to help democracy? where we had the worst attack on our democracy since the start of the civil war. and then, in the -- watching the republicans in the state legislature, especially dan patrick who runs basically the state legislature. and all the things not only that he said which was just god awful but the things he did. taking away a woman's right for freedom over her own body, taking away voting rights. you know, passing gun bills so people didn't have to have permits or training. all of those things have factored into this where a majority of texans oppose what he is doing but he does it, anyway. because he is only worried about 5% of the state which has bought into his agenda in this. and so, all of that -- if you had asked me, don, on january 1st if i was going to run statewide in texas, i would have probably laughed and said no way. but i think all of us have to ask our question -- ask ourselves the question in the aftermath of january 6th, what can we do with our god-given talents and our abilities and the blessings we have received to help the people out there that are getting run over in this? and i made that choice.

i'm running. i am going to spend every day of the next 405 days telling the truth about dan patrick. he is not going to like it but i'm going to tell the truth about what's going on in texas and did it isn't good. i'm embarrassed, as most texans are, by what the gop leadership has been doing here. >> so you said a month ago. you know, i asked you last week if you were gonna run for governor. and you remember that moment, right? what were you thinking? >> yeah, i remember when you talked about whispers. whispers. >> what were you thinking when i asked you that question? >> well, i knew -- i knew that i was, you know, contemplating this run. i wasn't, obviously, ready 100% to sort of say i was all in on this. i knew i wasn't -- as i think i said i wasn't running for governor and somebody else is going to take that and maybe, at some point, beto will announce. and if we both get through the primaries, we'll be on a ticket together. and i'm sure we'll be running in

a very concerted effort about what's gone wrong in the state. so i mean, i -- you know, this is politics. um, i'm -- i want to tell the truth. i want to be as transparent as possible but at that moment when you asked me that, i wasn't ready to sort of say, for sure, what i was going to do. >> yeah. all right. or it could be, you know, whispers of all right, all right, all right. it could be another matthew mcconaughey. we'll see. >> yeah, you could have got the wrong matthew. >> i want to turn now to the capitol chaos, right? because president biden has said that one of the best ways to protect democracy is to pass his agenda. # to show that government can still work. is that happening? or do you think it's at risk of all falling apart tonight? >> well, everything we've watched and you've watched it unfold. i mean, it's completely dysfunctional. and the bad thing about what's washington is it's become like a virus of dysfunction that's now spread across the country which is awful. it never used to be that way in state capitols but now it is. but you washington is the center of dysfunction. the idea, don, on an

infrastructure bill that republicans, you know, they drive on roads and they drive over bridges and they drink drinking water from public facilities and they do all of that. so they're as much in danger of us not getting this done as democrats or independents or whatever. but for some reason, the republicans completely bought into this idea that they're not -- they're -- their interest is only political, and not interest in what's happening to every community, including their own voters across the country. and so, it's really, really unfortunate that something everybody should agree to about what we do on fixing this, that we can't get a major political party, even an element of it, to go along with the idea of putting your differences beside -- aside and doing what's right for the best interest of the country. and now -- so that means in -- in -- in my view, we no longer have majority rule because if a minority of the country can block all these things from happening, it means our democracy is at a very, very frail point and isn't functioning properly. >> yeah. well, matthew dowd, thank you

for coming on. thank you for answering my questions honestly because you did say i am not running for governor but you did say i will do whatever i can to help save our democracy. so, yeah. >> thank you. >> yeah. i really appreciate it. i will see you next time. good luck. >> i will see ya next time. always love being on with you, don. >> thank you. we love having you. so what happens if nobody blinks? factions within the democratic party in a showdown and the biden agenda is trapped in the middle. i am going to speak with a key member of the progressive caucus. there she is. congresswoman katie porter but we are going do it right after the break. ♪ when you have nausea, ♪ ♪ heartburn, ingestion, upset stomach... ♪ ♪ diarrheaaaa. ♪ pepto bismol coats your stomach with fast and soothing relief. and try new drug free pepto herbal blends. made from 100% natural ginger and peppermint.

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pelosi in full-on negotiation mode tonight trying to save biden's domestic agenda. and making calls during the congressional baseball game. progressive democrats saying that they will not vote for the legislation, unless there is an agreement on the larger social spending package that includes priorities like climate change. but senators joe manchin and kyrsten sinema refusing to go along with that bigger bill as it stands now. saying that the $3.5 trillion price doing is just way too much. so joining me now, democratic congresswoman and deputy chair of the progressive caucus, katie porter. a key figure in what's happening right now. congresswoman, we know it's -- it -- it's a very busy time for you, so thank you so much for joining us. good evening. >> thank you for having me. >> manchin says there's no way there will be a deal to -- by tomorrow. he and sinema, signaling that they are open to a deal on the social-safety net package this year. a very different timeline. what is your position tonight? because your progressive colleagues are telling us that this makes them even more likely

to vote down infrastructure. >> well, i think what we're looking for is people to show character. we're looking for senator manchin and -- and senator sinema to tell us what they stand for. they need to tell the american people if they have concerns about this bill, what are they? if there are programs that they don't support or they want to fund at a different level, they need to lay those out. >> so, congresswoman, let me ask you. they have not given you any indication about what they're uncomfortable with, what they want, nothing? >> not only have they not given it to me. i think the important thing to understand is they haven't given it from all reports to president biden. they haven't given it to senator schumer, the leader. they haven't given it to speaker pelosi. and so, without knowing what their objections are, we simply can't start changing this bill and trying to guess at what might make them come around and engage and be the leaders that the american people elected them to be. >> do you have any idea of why they're not doing it? is there any -- you have any

inkling? is there any talk about what's holding them back? is it the money? is it their constituents back home? are they -- what -- what is going on? >> well, i i think senator manchin has expressed some concern about the climate provisions, for example. and from all reports, is engaging in discussions about what -- what he would support, what his concerns are. you know, all we heard from senator sinema today when she was asked, you know, people want to know where you are. progressives in the house. progressives in the senate. everybody in the house, everybody in the senate wants to know where you are. her answer was i'm right here in front of the elevator. and i just want to repeat, again, this is not a time to be cute. this is a time to show character. if senator sinema has concerns about helping american families afford childcare, about reducing the cost -- making two years of community college free. making healthcare more affordable. doing something about climate change. then, she needs to tell the american people as well as her colleagues in the senate and the house what those concerns are. until she does that, we have to press forward delivering the president's agenda to the

american people. >> the -- speaker pelosi said that there is -- the vote's still going to happen tomorrow. do you think there's going to be a vote? >> i honestly have no idea. and i will tell you that what we've been told is literally question mark, question mark, question mark. that was today. that's tomorrow's schedule. so, we -- we actually do not know exactly the timing. we do know that we're going to take a vote to fund the government, to continue to fund the government. that's a very important step. making sure that we do not repeat having a government shutdown. with regard to infrastructure and the reconciliation package, we really need senator sinema, senator manchin. they are the two holdouts. they need to step up and tell us where they are. until then, whether we have the vote or don't have the vote, the bottom line is we're not going to be able to move forward on any part of the president's agenda. >> so, is that an indication on you -- how you plan to vote? on infrastructure? >> yes, i will -- i will -- if infrastructure comes up by itself with no other supporting -- no -- no support for families, no support for other industries, no support for all of the other pieces that our economy needs to be strong and stable and globally competitive, then i will have to vote the

infrastructure bill down. and that is not to say that i don't support this bill. i do. but i was elected to represent lots of different industries, lots of different kinds of workers, lots of different families, and lots of different people of two different political parties. and so, i need to see a package that's going to meet the needs of the american people and infrastructure alone doesn't get it done. >> and what if that vote leads to the president not getting his agenda done, and also leads to democrats being in a minority? and you possibly not being re-elected? >> if we don't deliver anything for the american people. if we don't address the fact that women's workforce participation is at a 30-year low. if we don't address the fact that seniors cannot afford to get care in their homes. if we don't address climate change, then we will not be re-elected. the party that's going to win in 2022 is the party that delivers for the american people. and that means addressing the full needs of our economy. no one bill is going to be enough to get it done.

>> all right. congresswoman katie porter, thank you so much. i appreciate you joining. good luck. good luck. thank you, thank you. >> so, they broke through windows. they barreled through doors. they threatened lawmakers. judges are asking why are so many insurrectionists getting a slap on the wrist? why is that? cnn investigates, next.

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but some federal judges are questioning whether prosecutors are down playing the damage done on january 6. more tonight from justice correspondent jessica schneider. >> usa! usa! >> re >> reporter: dawn said she searched for nancy pelosi and wanted to shoot her in the brain. but when she entered her plea, it was one count for protesting. and judge sullivan asked does it not rise to the lex of threat. -- level of threat? prosecutors explained that she made the caught on tape comment as she was leaving the capitol, making it harder to prove that the threat to pelosi was serious. several other charge also be dropped as part of the deal. but this isn't the first time a

federal judge in d.c. district court has questioned doj's deals with rioters. chief judge howell expressed skepticism about prosecutors offering misdemeanor plea deals. saying in court about one case does the government have any concern of the defendant joining a mob, breaking into a capitol building or terror fizing members of congress? >> the idea is you have to send a message that what these folks did is not okay, that they need to be punished and anyone thinking of doing this in the future will be punished seriously. i think doj is falling short on that, and i don't think they have succeeded in sending a message to people who may be thinking about similar acts in the future. >> reporter: a new survey shows about half of americans, 48%, agree, saying the criminal penalties so far have not been severe enough.

meanwhile, republican support for the prosecution and investigation into january 6 has been plummeting. when asked if it's important for law enforcement to find and prosecute those responsible for the attack, just 57% of republicans think it is. that's down from 79% in march. prosecutors are still in the early stages in those cases, as they get lower level defendants out of the way to concentrate on more complicated cases that allege violence or conspiracy, which can take a lot longer. >> i think what doj prosecutors may be trying to do here is draw a distinction between on the one hand people who entered the capitol, destroyed property, smashed windows, threaten public fishls. and on the other hand, those people who entered the capitol but didn't do all those things. that said, i disagree with that distinction. >> a total of 619 people have been charged with nine sentenced so far. and we could see a lot more defendants sentenced to jail time in the coming months. just today, two men received 45

days each for their role in the riot. prosecutors had pushed for four months, but the judge decided on a month and a half, saying he had to balance the gravity of the riots with the fact that these defendants aren't accused with violence. don? >> jessica, thank you so much. first, it was the most loyal trump supporters, now the committee investigating january 6 issuing new subpoenas tonight. stay with us.

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